CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


FINK V. SHEPARD STEAMSHIP CO., 337 U. S. 810 (1949)

Subscribe to Cases that cite 337 U. S. 810 RSS feed for this section

U.S. Supreme Court

Fink v. Shepard Steamship Co., 337 U.S. 810 (1949)

Fink v. Shepard Steamship Co.

No. 360

Argued February 2, 1949

Decided June 27, 1949*

337 U.S. 810

Syllabus

1. A general agent employed by the United States under the terms of the war-time standard form of general agency agreement to manage certain phases of the business of a ship owned by the United States and operated by the War Shipping Administration is not liable under § 33 of the Merchant Marine Act of 1920, known as the Jones Act, to a member of the crew of the ship who suffered physical injury through the negligence of its master and officers, when the injury occurred after March 24, 1943, the date of enactment of the War Shipping Administration Act, known as the Clarification Act. Cosmopolitan Shipping Co. v. McAllister, ante, p. 337 U. S. 783. Pp. 337 U. S. 811-813.

2. Nor is such a general agent liable to a member of the crew for wages and maintenance and cure, which are incidents of the employer-employee relationship. Pp. 337 U. S. 813-815.

3. A delivery certificate reciting that a ship was "delivered" to a general agent "under terms and conditions of" the standard general agency agreement adds nothing of significance to that agreement, and does not show that the general agent was in possession and control of the ship. Pp. 337 U. S. 815-816.

183 Ore. 373, 192 P.2d 258, affirmed.

169 F.2d 612, affirmed.

No. 360. A member of the crew of a ship owned by the United States and operated by the War Shipping Administration obtained a judgment in an Oregon Circuit Court against a general agent employed by the United States to manage certain phases of the ship's business, for injuries sustained through the negligence of its master and officers. The Supreme Court of Oregon reversed, 183 Ore. 373, 192 P.2d 258, and denied a rehearing, 183 Ore. 373, 193 P.2d 537. This Court granted certiorari. 335 U.S. 870. Affirmed, p. 337 U. S. 816. chanroblesvirtualawlibrary

Page 337 U. S. 811

No. 430. A Federal District Court dismissed an action for wages and maintenance and cure by a member of the crew of a ship owned by the United States and operated by the War Shipping Administration against a general agent employed by the United States to manage certain phases of the ship's business, 76 F.Supp. 617. The Court of Appeals affirmed. 169 F.2d 612. This Court granted certiorari. 335 U.S. 870. Affirmed, p. 337 U. S. 816.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED